People v. Johnson

609 N.E.2d 294, 154 Ill. 2d 356, 181 Ill. Dec. 926, 1993 Ill. LEXIS 1
CourtIllinois Supreme Court
DecidedJanuary 28, 1993
Docket72097
StatusPublished
Cited by56 cases

This text of 609 N.E.2d 294 (People v. Johnson) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Johnson, 609 N.E.2d 294, 154 Ill. 2d 356, 181 Ill. Dec. 926, 1993 Ill. LEXIS 1 (Ill. 1993).

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

Defendant pled guilty in the circuit court of Montgomery County to one count of murder, one count of home invasion, and two counts of aggravated criminal sexual assault. At the death penalty phase, he waived his right to a jury. The trial judge found him eligible for the death penalty, under the Criminal Code of 1961 (the Criminal Code), sections 9 — 1(b)(6) and (b)(7) (Ill. Rev. Stat. 1989, ch. 38, pars. 9 — 1(b)(6), (b)(7)). At the sentencing stage, the judge found three aggravating factors and no mitigating factors. Accordingly, he sentenced defendant to death. (111. Rev. Stat. 1989, ch. 38, par. 9— 1(h).) The death sentence was stayed (134 Ill. 2d R. 609(a)) pending direct review by this court. (Ill. Const. 1970, art. VI, §4(b); 134 Ill. 2d R. 603.) We now affirm the murder and sexual assault convictions and their corresponding sentences, including the death sentence. We vacate the conviction of home invasion and its corresponding sentence of 60 years’ imprisonment.

BACKGROUND FACTS

The following facts were presented by the State following defendant’s plea of guilty and at the death penalty phase. On the evening and early morning of May 11-12, 1990, defendant baby-sat several children for his friend, James Emerson. Emerson returned home with his wife at about 3:30 a.m., and drove defendant to his house. When Emerson arrived back at his own home his wife told him that one of the children had been molested. They took that child and their youngest child to the hospital, leaving their 11-year-old son, ■ Donald Buske, and two minor female friends at home. They told the children to lock the door and wait for the police.

Shortly after they left for the hospital, defendant, armed with three knives he had brought from his house, returned and broke into Emerson’s home. Defendant ordered the girls into the bathroom and told them to take off all their clothes except for their underwear, threatening death if they did not comply. He then woke Donald, chased him down a hall, and stabbed him twice. One of the wounds nearly decapitated Donald. The boy lost consciousness within 5 to 10 seconds, and bled to death within 30 seconds.

Defendant then returned to the bathroom and told the girls that he had killed Donald by slicing Donald’s throat and that he would do the same to the girls if they did not obey him. He offered to drag Donald’s body into the room if they did not believe what he had done. He then cut off one of the girls’ underpants and raped arid orally sodomized her. He told her that he would cut off her legs if she did not keep them spread. He attempted the same with the other girl, but apparently could not succeed. He then put his finger in the second girl’s vagina. During this time, he asked each girl at least once if she wanted the other girl to live, and then said that he was going to kill them anyway.

Ray Trimble, a Litchfield police officer, arrived at the scene shortly afterwards, and through a window saw defendant holding a knife to a naked girl’s throat. Defendant yelled that the police should back off or he would cut the girls. After making more threats and saying that he had already killed someone, he agreed to release the girls. He then attempted suicide, and the police entered the house. Defendant was taken to the hospital.

At the hospital, he was guarded by Deputy Sheriff Thomas Unser. Unser tried to advise defendant of his rights, to which defendant replied, “I gave up my rights when I killed Donald.” Defendant was taken into custody, and ultimately pled guilty to murder, home invasion, and two counts of aggravated criminal sexual assault.

The trial judge found three aggravating factors: that the murder occurred during the course of a felony, that there was exceptionally brutal or heinous behavior against a child indicative of wanton cruelty, and that the murder was committed in a cold, calculated and premeditated manner. (Ill. Rev. Stat. 1989, ch. 38, pars. 9— 1(b)(6), (b)(7), (b)(10).) In mitigation, defendant offered the fact that he is legally blind, that he grew up in one of the worst neighborhoods of Chicago, that he had no significant history of criminal activity, that he was under extreme mental or emotional disturbance at the time of the murder, and that the murder was not premeditated. The trial judge found that there were no mitigating factors and sentenced defendant to death. After this direct appeal was filed, defendant made a motion to withdraw his guilty pleas, which was denied by the trial court.

DEFENDANT’S PLEA OF GUILTY

Defendant contends that his motion to withdraw his guilty plea was wrongfully denied by the trial court. He urges this court to vacate his plea of guilty and remand for a new trial.

Whether to permit a plea of guilty to be withdrawn is within the sound discretion of the trial court. (134 Ill. 2d R. 604(d); People v. Hillenbrand (1988), 121 Ill. 2d 537, 545.) However, “[when] it appears that the plea of guilty was entered on a misapprehension of the facts or of the law, or in consequence of misrepresentations by counsel *** or the case is one where there is doubt of the guilt of the accused, or where the accused has a defense worthy of consideration by a jury, or where the ends of justice will be better served by submitting the case to a jury, the court should permit the withdrawal of the plea of guilty and allow the accused to plead not guilty.” (People v. Morreale (1952), 412 Ill. 528, 531-32.) As will be shown, none of these justifications is present in the instant case.

Defendant offers three reasons for his contention that he should have been allowed to withdraw his guilty plea: first, his confession was not voluntary; second, his plea was the result of misunderstanding his lawyer’s advice; and third, he was not adequately aware of the consequences of his plea. We address these three arguments in turn.

Defendant suggests that his plea should be vacated because it was not made voluntarily, but rather out of fear for his safety. If this were true, the plea should be withdrawn under Morreale, as it would be a defense worthy of consideration.

Defendant states that he pled guilty because he felt that he would not receive a fair trial in Montgomery County and also because of racial intimidation- at the Montgomery County jail. He felt that he was being harassed by three white inmates because he was the only black inmate. His idea was that after his plea was entered he would get a new lawyer who would get the plea withdrawn and get a new trial in a different county.

However, there is nothing in the record to support defendant’s claim of harassment except defendant’s self-serving testimony. In fact, there were 38 blacks held in the Montgomery County jail while defendant was there, and the defendant was held in his own cell for the duration of his confinement and isolated from all the other inmates. Neither defendant nor his attorney complained to jail authorities of any threats.

Further, defendant’s plea of guilty was perfectly harmonious with all of his actions up until that time. This was not a man who had protested his innocence and then abruptly changed his mind.

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Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 294, 154 Ill. 2d 356, 181 Ill. Dec. 926, 1993 Ill. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-ill-1993.